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2006 LAWS OF MARYLAND
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Ch. 283
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WHEN MADE, EACH PARTY SHALL BEAR THE COST OF ITS OWN LEGAL
REPRESENTATION AND EXPERT WITNESS FEES.
(F) IF THE ADMINISTRATIVE LAW JUDGE FINDS THAT ONE OR MORE
ALLEGATIONS GIVING RISE TO THE ATTORNEY GENERAL'S COMMISSION'S FINDINGS
OR THE BUSINESS ENTITY'S CHALLENGE TO THE FINDINGS WAS FRIVOLOUS OR
KNOWINGLY FALSE WHEN MADE, THE ADMINISTRATIVE LAW JUDGE MAY REQUIRE
THE PARTY WHO MADE THE FRIVOLOUS OR KNOWINGLY FALSE ALLEGATIONS TO
BEAR ALL OR A PORTION OF THE OTHER PARTY'S LEGAL FEES AND EXPERT WITNESS
FEES.
(G) THE BUSINESS ENTITY, THE ATTORNEY GENERAL COMMISSION. AND THE
COMPLAINANT SHALL COOPERATE IN GOOD FAITH TO HAVE THE CONTESTED CASE
HEARING CONCLUDED WITHIN 90 180 DAYS AFTER THE BUSINESS ENTITY ISSUES ITS
NOTICE FOR A CONTESTED CASE HEARING.
(II) DURING THE CONTESTED CASE HEARING, THE ATTORNEY GENERAL OR
THE ADMINISTRATIVE LAW JUDGE MAY CALL AS WITNESSES ONE OR MORE
INDIVIDUALS WHO HAVE BEEN SELECTED BY THE ATTORNEY GENERAL TO
PARTICIPATE IN THE VOLUNTEER EXPERT POOL AS DESCRIBED IN § 19-120 OF THIS
TITLE FOR THE PURPOSE OF PROVIDING TESTIMONY REGARDING INDUSTRY
CUSTOM AND PRACTICE IN A PARTICULAR AREA OF BUSINESS.
(I) (H) IF THE ATTORNEY GENERAL COMMISSION DETERMINES THAT ONE
OR MORE ALLEGATIONS ARE FALSE OR FRIVOLOUS, THE COMPLAINANT MAKING THE
ALLEGATIONS SHALL BE ENTITLED TO A CONTESTED CASE HEARING ON THE
ALLEGATIONS THAT ARE DETERMINED TO BE FALSE OR FRIVOLOUS FN ACCORDANCE
WITH THE PROCEDURES SET FORTH IN THIS SECTION, EXCEPT THAT ALL
REFERENCES TO THE BUSINESS ENTITY WITH RESPECT TO MATTERS OF CONTESTED
CASE HEARING RULES AND PROCEDURE SHALL APPLY TO THE COMPLAINANT.
(J) (I) IF THE COMPLAINANT FAILS TO PROPERLY REQUEST A CONTESTED
CASE HEARING REGARDING A DETERMINATION OF A FALSE OR FRIVOLOUS
ALLEGATION AS PROVIDED IN THIS TITLE, THE INITIAL FINDINGS AND
RECOMMENDATIONS SHALL BECOME THE FINAL ADMINISTRATIVE DECISION OF THE
STATE IN ACCORDANCE WITH § 19-112 OF THIS TITLE.
(K) ABSENT GOOD CAUSE, FAILURE BY A PARTY TO PRODUCE RELEVANT
DOCUMENTS OR OTHER EVIDENCE IN ACCORDANCE WITH AN INITIAL
INVESTIGATION OR TO A CONTESTED CASE HEARING UNDER THIS TITLE WITHIN 30
DAYS AFTER THE DOCUMENTS ARE REQUESTED BY THE ATTORNEY GENERAL OR
THE ADMINISTRATIVE LAW JUDGE SHALL CONSTITUTE A VIOLATION OF THIS TITLE,
AND IN THE EVENT OF A VIOLATION THE ADMINISTRATIVE LAW JUDGE MAY ORDER
ANY REMEDY, SANCTION, OR ANY COMBINATION OF BOTH AUTHORIZED BY THIS
TITLE.
(L) (J) (1) IF A TIMELY CONTESTED CASE HEARING IS NOT REQUESTED,
THE ATTORNEY GENERAL COMMISSION MAY VACATE THE OFFICE'S RECOMMENDED
REMEDY ON WRITTEN NOTICE TO ALL PARTIES WITHIN 5 BUSINESS DAYS AFTER THE
TIME FOR REQUESTING A CONTESTED CASE HEARING HAS EXPIRED.
- 1594 -
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